Indemnity Waiver Template for New Zealand

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Key Requirements PROMPT example:

Indemnity Waiver

"I need an Indemnity Waiver for my adventure tourism company in Auckland, New Zealand, covering bungee jumping, rock climbing, and white-water rafting activities, to be implemented from March 2025."

Document background

The Indemnity Waiver serves as a critical risk management tool for businesses and organizations operating in New Zealand. It is designed to protect service providers, facility owners, and event organizers from potential claims while ensuring participants are fully informed of inherent risks. The document is particularly valuable in situations involving physical activities, property use, or services where specific risks need to be acknowledged and accepted by participants. The waiver must be carefully drafted to comply with New Zealand legislation, including the Consumer Guarantees Act 1993 and the Accident Compensation Act 2001, which limit what rights can be waived. It includes comprehensive risk acknowledgment, clear waiver provisions, and specific indemnification terms while maintaining transparency and fairness in accordance with the Fair Trading Act 1986.

Suggested Sections

1. Parties: Identification of the party providing the waiver (releasor) and the party receiving the waiver (releasee), including full legal names and contact details

2. Background: Context of the waiver, including the activity or relationship giving rise to the need for the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Claims', 'Liability', 'Indemnified Parties', and specific activity-related terms

4. Risk Acknowledgment: Explicit acknowledgment of risks associated with the activity or situation

5. Waiver and Release: Core waiver provisions detailing what rights are being waived and the scope of the release

6. Indemnification: Specific terms of indemnification, including what losses or claims are covered

7. Statutory Compliance: Acknowledgment of relevant legislation and statutory rights that cannot be waived

8. Duration: Period for which the waiver remains effective

9. Governing Law: Confirmation that New Zealand law governs the waiver

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Emergency Contact Information: Required for activities involving physical risk or sporting events

2. Medical Disclosure: Relevant for activities where medical conditions could affect safety

3. Insurance Requirements: Needed when specific insurance coverage is required for participation

4. Photo/Media Release: Used when activities may involve photography or media recording

5. Equipment Usage: Required when specific equipment or facilities are involved

6. Participant Conduct: Relevant for group activities or events with specific behavior requirements

7. Termination Rights: Include when the waiver needs provisions for early termination

8. Assignment: Required when transfer of rights needs to be addressed

Suggested Schedules

1. Schedule 1 - Specific Risks: Detailed list of risks associated with the activity or situation

2. Schedule 2 - Activity Description: Detailed description of activities covered by the waiver

3. Schedule 3 - Safety Procedures: Required safety protocols and procedures

4. Appendix A - Emergency Procedures: Emergency response protocols and contact information

5. Appendix B - Facility Rules: Specific rules and requirements for facility usage, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Education

Entertainment

Tourism and Hospitality

Property Management

Construction

Events Management

Fitness and Wellness

Adventure Tourism

Equipment Rental

Healthcare

Childcare

Professional Services

Real Estate

Transportation

Relevant Teams

Legal

Risk Management

Operations

Compliance

Health and Safety

Customer Service

Facilities Management

Events Management

Program Management

Client Relations

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Compliance Manager

Business Owner

Program Director

Recreation Supervisor

Property Manager

Athletic Director

Tour Guide

Fitness Instructor

Camp Director

Adventure Sports Instructor

Client Services Manager

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Authors

Alex Denne

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